Section 25.27.160. Initiation of administrative action to establish support duty; required notice.

   (a) An action to establish a duty of support authorized under AS 25.27.140(a) is initiated by the agency serving on the alleged obligor a notice and finding of financial responsibility. The notice and finding served under this subsection shall be served personally or by registered, certified, or insured mail, return receipt requested, for restricted delivery only to the person to whom the notice and finding is directed or to the person authorized under federal regulation to receive that person's restricted delivery mail.
   (b) Except as provided in (c) of this section, the notice and finding of financial responsibility served under (a) of this section must state
        (1) the sum or periodic payments for which the alleged obligor is found to be responsible under this chapter;
        (2) the name of the alleged obligee and the obligee's custodian;
        (3) that the alleged obligor may appear and show cause in a hearing held by the agency why the finding is incorrect, should not be finally ordered, and should be modified or rescinded, because
             (A) no duty of support is owed; or
             (B) the amount of support found to be owed is incorrect;
        (4) that, if the person served with the notice and finding of financial responsibility does not request a hearing within 30 days, the property and income of the person will be subject to execution under AS 25.27.062 and 25.27.230 - 25.27.270 in the amounts stated in the finding without further notice or hearing.
   (c) If the agency is establishing only medical support, the notice and finding of financial responsibility must state
        (1) that health care insurance shall be provided for the child to whom the duty of support is owed if health care insurance is available to the alleged obligor at a reasonable cost and that the alleged obligor and the other parent shall share equally the cost of the health care insurance and the costs of reasonable health care expenses not covered by insurance;
        (2) the sum of periodic payments of cash medical support for which either parent or both parents are found to be responsible under this chapter;
        (3) the name of the alleged obligee and the obligee's custodian;
        (4) that the alleged obligor may appear and show cause in a hearing held by the agency why the finding is incorrect, should not be finally ordered, and should be modified or rescinded, because
             (A) no duty of support is owed;
             (B) health care insurance for the child is not available to the alleged obligor at a reasonable cost;
             (C) adequate health care is available to the child through the Indian Health Service or other insurance coverage; or
             (D) there is good cause to allocate the costs of health insurance, cash medical support, or uninsured health care expenses unequally between the parents;
        (5) that, if the person served with the notice under this subsection does not request a hearing within 30 days, a copy of the medical support order will be sent to the person's employer under AS 25.27.063(b) without further notice or hearing for inclusion of the child in family health coverage if it is available through the person's employer.

Authorities

3.10.030;14.43.125;14.43.172;14.43.650;14.43.750;16.10.320;16.10.815;16.10.915;18.56.096;18.56.440;25.27.130;25.27.140;25.27.195;25.27.200;25.27.250;26.15.130;27.09.020;44.33.965;45.88.020;45.88.120

Notes

Implemented As

15 AAC 05.025
15 AAC 125.020
15 AAC 125.030
15 AAC 125.040
15 AAC 125.050
15 AAC 125.060
15 AAC 125.065
15 AAC 125.070
15 AAC 125.075
15 AAC 125.080
15 AAC 125.090
15 AAC 125.100
15 AAC 125.105
15 AAC 125.118
15 AAC 125.340
15 AAC 125.530
15 AAC 125.835

References

15 AAC 125.100
15 AAC 125.340
15 AAC 125.530
15 AAC 125.835
15 AAC 125.870
15 AAC 125.900
20 AAC 18.025
7 AAC 56.620
AS 3.10.030 .030">Sec. 03.10.030. Limitations on loans.
AS 14.43.125 Eligibility of students.
AS 14.43.172 Eligibility.
AS 14.43.650 Selection criteria.
AS 14.43.750 Eligibility.
AS 16.10.320 Limitations on loans.
AS 16.10.815 Limitations on loans.
AS 16.10.915 Limitations on loans.
AS 18.56.096 Limitation on power to make or purchase mortgage loans.
AS 18.56.440 Limitations on use of housing assistance loan program.
AS 25.27.130 Subrogation of state.
AS 25.27.140 Authority and procedures to administratively establish and enforce support obligation.
AS 25.27.195 Relief from administrative order.
AS 25.27.200 Use of standards in administrative determinations of support amounts.
AS 25.27.250 Order to withhold and deliver.
AS 26.15.130 Eligibility for loans.
AS 27.09.020 Eligibility.
AS 44.33.965 Limitations on loans.
AS 45.88.020 Powers and duties of the department in administering the fund.
AS 45.88.120 Loans.

History

(Sec. 29 ch 126 SLA 1977; am Sec. 18 ch 7 FSSLA 1994; am Sec. 94 ch 87 SLA 1997; am Sec. 12, 13 ch 106 SLA 2000; am Sec. 5 ch 45 SLA 2009)